HON'BLE SRI JUSTICE K.SURENDER
CIVIL REVISION PETITION No.30 OF 2023
ORDER:
1. This Civil Revision Petition is filed by the petitioners/respondents/defendants against the docket order dt.14.12.2022 in IA.No.568 of 2019 in IA.No.208 of 2018 in OS.No.93 of 2018, whereby the Prl.Junior Civil Judge, Kodad provided Police Aid to the petitioner/plaintiff for execution of status quo order passed in IA.No.208 of 2018 in OS.No.93 of 2018.
2. As seen from the impugned docket order, the Court below ordered status quo in favour of the petitioner/plaintiff.
3. Learned Counsel for the petitioners who are defendants in the main suit has relied upon the Judgment rendered by this Court in Ch.Sudhakar Raju v. Jubilee Hills Co-operative House Building Society Limited 1 wherein it is held as follows;
"3. Police Aid was sought by the petitioner obviously to enforce an order of status quo. But an order of status quo is completely different from an order of injunction. If there is an order of injunction, Police Aid could be granted. When there is only an order of status quo, the Court cannot leave it to the Police to 1 2019(1) HLT 186 2 decide as to what was the status quo on that date. Hence leaving it open to the petitioner to work out other remedies, this revision is dismissed......"
4. In view of the aforesaid Judgment of this Court, apparently, Police Aid cannot be enforced on a status quo order.
5. In view of the infirmity in the impugned order, this Court does not find reason to issue notice to the respondent herein who is plaintiff in the main suit.
6. Accordingly, the Civil Revision Petition is allowed setting aside the docket order dt.14.12.2022 in IA.No.568 of 2019 in IA.No.208 of 2018 in OS.No.93 of 2018, passed by the Prl.Junior Civil Judge, Kodad. No order as to costs.
As a sequel thereto, miscellaneous applications pending, if any, shall stand closed.
_________________ K.SURENDER, J Date: 06.01.2023 tk 3 HON'BLE SRI JUSTICE K.SURENDER CIVIL REVISION PETITION No.30 OF 2023 Dated: 06.01.2023 tk